As the number of Iranian citizens in Turkey is increasing day by day, we decided to examine the conditions of divorce in Turkey in this article.
Divorce laws in Turkey are based on Swiss law, and there are several reasons for divorce, which are factors that destroy the equality of spouses and make it impossible for them to continue living together.
Although there are two types of consensual and contentious divorce in Turkey, and attempts have been made to ensure that the process is not lengthy and complicated, when the divorce process is ongoing, the judge must protect the spouse and children or issues such as alimony and child education. . Makes interim decisions. Because the spouses are in conflict and either party may be harmed by this situation. In cases of violence against the spouse, according to Article 6284 of the Family Law, the judge can order the man to leave the house and protect the woman. In other cases, it can issue a temporary seizure of joint property.
In order to file for divorce, the applicant must first determine the reason for his / her divorce, then with the help of a lawyer, he / she can continue the divorce process. In some cases, a consensual divorce can turn into a contentious divorce and the divorce process can take more than one session.
Important points and laws related to divorce in Turkey
Spouses can get divorced on the grounds that they are no longer compatible in their thoughts and feelings. Spousal incompatibility is one of the main reasons for divorce in Turkey, but there are other cases for divorce. As stated in Turkish civil law, the accepted reasons for divorce are listed in Turkish courts;
- Adultery
- Irrational behavior
- Abuse, physical violence
- Attempted crime by one of the spouses
- Escape: If one of the spouses has been separated from his / her spouse for at least six months and the separation continues, the divorced spouse can file for divorce.
- Mental illness
In these cases, reconstruction and continuation of cohabitation is considered impossible.
Divorce proceedings in Turkey are not complicated or lengthy because they are derived from Swiss family law. This law put an end to Islamic family law by relying on modern family laws.
Types of divorce in Turkey
There are two major types of divorce in Turkey. Controversial divorces and divorce based on negotiation (consensual divorce). The first method is when one of the spouses files for divorce due to a conflict with the other party for reasons such as adultery or mental illness.
Negotiated divorce is a divorce in which one of the spouses decides to end the marriage, goes to court for separation, and the other party does not object to the separation.
Litigation in controversial divorces in Turkey
The process for a high-profile divorce court is different from that for a consensual divorce. In the case of high-profile divorces, the following methods apply:
The party seeking divorce must file a petition in court,
The party seeking divorce must file a petition in court,
The court hears witnesses from both parties and then makes a decision
The court will make its final decision on the divorce within 16 days of the verdict.
Conditions for consensual divorce in Turkey
Pursuant to the third part of Article 166, the following conditions are mentioned for consensual divorce;
- Spouses must be formally married for at least one year.
- An agreement has been prepared and signed by both parties.
- Both spouses appear before the judge and announce their divorce decision. The presence of the spouses before the judge is for the free will of both parties in the preparation of the agreement by the judge.
In this case, the presence of a lawyer is not required. However, some problems may arise and the need for legal services is felt.
Administrative proceedings in consensual divorce in Turkey
The most important step in the process of consensual divorce is to prepare a divorce agreement with the agreement of both parties in the following cases;
- Information about the couple’s children and their custody
- Information about the support and care of the child and the life of the spouse
- Information on the division of assets acquired during the marriage
- Other information related to the case and the agreement of the spouses
This agreement must be submitted to the court that issues the final verdict within 16 days.
Divorce requirements in Turkey for foreign nationals
To begin the divorce process for foreigners in Turkey, the marriage of the two must be registered with the Population Administration. To file for divorce, a foreign national must go through the administrative process of filing for divorce. The decision to divorce these people in Turkey is made by a civilian court.
There are two scenarios for foreign nationals who apply for divorce after acquiring Turkish citizenship and residing in the country.
One of the spouses is a Turkish citizen and the other is a foreign citizen, or both are partners of foreign citizens living in Turkey.
In the first case, if the foreign spouse files for divorce in his / her home country, the Turkish party must also file for divorce in Turkish courts.
In the second case, foreign nationals have the right to file for divorce in their city of residence in the Turkish valley. In this case, one of the following rules will apply:
- Optionally, the law of the country registered as the residence of both foreigners.
- The law of the country in which they both reside, even if it is not their own country,
- Turkish law if you do not select any of the above options.
Judgments related to divorce cases of foreign nationals in Turkey are issued in accordance with international private law and due process. The same principles apply to the distribution of property and custody of children after divorce.
Experts and immigration lawyers of Holding (4K Group) are proud to provide the best consulting services to our dear compatriots, relying on their legal and immigration knowledge as well as their valuable experiences of many years.
